General Counsel Approval:N/A

Committee
Recommendation:The Rules &
Regulations Committee by consensus, agreed there is no need to enact
Ordinance No. 112 if the Implementation Guidelines are amended to change the
reporting process for ex parte Communications.

CEQA Compliance:N/A

SUMMARY:At second reading on February 19, 2004,
Ordinance No. 112, Rescinding Rules Requiring Disclosure of Ex Parte Communications
and Repealing Penalties and Remedies for Non-Disclosure, was referred to the
Rules & Regulations Committee for review.Draft Ordinance No. 112 is attached as Exhibit
12-A.

The Rules & Regulations
Committee met on May 4, 2004 to discuss this item.The Committee recommends amending the
Implementation Guidelines for Ordinance No. 99 to change the requirement for
mandatory written disclosure to optional written or oral presentation.The committee, by consensus agreed that there
is no longer a need to enact Ordinance No. 112.

RECOMMENDATION:The Board should consider second reading
and adoption of Ordinance No. 112.The
Rules & Regulations Committee recommends that the ordinance is no longer
needed, and therefore the ordinance should not be approved upon second reading
if the Implementation Guidelines have been amended.

BACKGROUND:Ordinance No. 99, Requiring Disclosure of Ex
Parte Communications and Establishing Penalties and Remedies for
Non-Disclosure, was adopted on November 19, 2001.On January 29, 2004 the first reading of
Ordinance No. 112, Rescinding Rules Requiring Disclosure of Ex Parte
Communications and Repealing Penalties and Remedies for Non-Disclosure, was
approved.Following public comment at
second reading on February 19, 2004, Chair Edwards referred the item to the
Rules & Regulations Committee for review.The Rules & Regulations committee agreed, by consensus, that a
change to the reporting process affecting ex parte communications sufficiently
addressed concerns, and if enacted, there would no longer be a need to adopt
Ordinance No. 112.